Prosecution Details

Was a director of a body corporate when that body corporate was guilty of an offence under the Occupational Safety and Health Act 1984 when that offence was attributable to his neglect.

This prosecution relates to the case against Toscana (WA) Pty Ltd on the same date and were prosecute under section 19(1) of the Occupational Safety and Health Act 1984 and subsequently Ivo Paul Letari, being a director of the company, was prosecuted under section 55.

On 16 March 1998 Toscana (WA) Pty Ltd were found guilty of an offence under section 19(1) in that it failed to provide and maintain a system such that, so far as was practicable, its employees were not exposed to a fall from height hazard at Welshpool on 11 December 1995.

The complainant alleges that the defendant was aware of the hazard and was responsible to ensure that the employees of Toscana (WA) Pty Ltd were not exposed to that hazard, but that he failed to do so.

The Magistrate found that Mr Letari was clearly aware of the inadequacies in the system of work employed on the site; the fact that the riggers were experienced did not exculpate the defendants from liability; and as Mr Letari and Toscana (WA) Pty Ltd were joint offenders within the meaning of section 55 of the Sentencing Act 1995, it was considered appropriate to apportion the fine between them. Fines of $5000 were imposed on both Mr Letari and Toscana (WA) Pty Ltd.

The defendant pleaded not guilty.